The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1887-09-14

| Of our Senate ~ hereditary House nf Lords; /;
whilst the real power of the government re-
sides In the House Of Commons, the popular
branch Of the Legislature. The most olarac-
tcristic feature of the English government IS
| the Cabinet or Ministry, and which like SO
much else that is English, is unknown TO the
| written law, and is the creature Of custom
and prccedent-a body concentrating IN ITS
| hands, the whole power OF the House OF Com
mons and directing the whole national poll
| cy, foreign and domestic. The power OF The
| ministry depends upon its majority In the
| House Of Commons: and its tenure OF 0ihcc
| is dependent on its ability to retain that ma-
ioriiy \ defeated ministry must either re-
sign, or appeal to the country, through Il gen
eral election, on the dissolution OF Parna-
mcnt; and hence there is necessarily har.
mony between the ministry, the Commons,
and The people Two great parties, " mig ana
Tory, with number!ess shades OF Liberalism
and Conservatism. strive for the mastery ol
the Commons. which is the great battlefield oil
constitutional liberty; and change OF min.
istry is but the success. perhaps temporary. OF
transient cbullti0n of popular feeling,
grounded upon some imagined grievance, or
some great national reverse of arms. The
power of the Lords Is only nominal anu may
bc overcome by the creation Of new peers;
whilst n ueto by the crown OF q great popular
measure has not been exercised since the days
Of Queen Anne; no ministry has been dis,
missed by the Crown, since 1891; the power OF
the Monarch, being exercised through his
ministry, who are ultimately responsible to
the House of Commons.
THE ENGLISH MINISrRY-ouR PRESIDENT,
CABINET AND SENATE.
The English ministry are members of the
House of Commons or Lords, and thus control
the legislation Of the country, whist the
functions of our President and Cabinet are
chiefly executive; the President exercising
Veto upon hasty legislation; and the Senate
which represents the dignity and power OF the
States. forming All integral part of the nation
al legislatures. and through Its tenure OF ol-
flee, its age and experience. tcmperlnS the en-
thusiasm and excitement OF the popular
branch, by the wise conservatism of lis more
matured wisdom.
POWERS OF CONGRESS, THE EXECUTIVE, AND
THE JUDICIARY.
The powers granted or denied to Congress,
will show that it was not the design OF our IA
theirs to confer upon 1t the omnipotcnce OF the
English Parliament. Certain powers are
Or taS which are necessary to carry ont the
foregoing. On the other hand, there are two
classes Of powers denied to Congress, specially
or in general terms. Within the sphere OF the
powers granted, the general government Is
supreme whilst all other powers rest with the
States. With Legislative functions vested IN
two Houses, Independent of eacli other and
independent of the Executive, and having
different electoral constituency; the House
representing the people In the proportion of
one representative, according to the last mp.
portionment to every l3i.0 OF populatlon
or thirty-threc representatives. rs maximum
In one of the larger States. to one representa-
tive In one Of the smaller; The Senate III which
the balance is preserved: by giving two Sena-
tors to each OF the states, thus making the
number Of the Senators double the number OF
the States; with a President vested with n
power to veto NIL obnoxious legislation, eX-
ccpt that any bill may be passed by a two
1,nrtn,enL with it's seven subordinate divis |
ions, exercising all the adm illustrative func-
n,,1n 1nylt I
cry four years to give an account OF its stew
ardship; q Judiciary Department. with It's nine
Supreme and nine Circuit, and one hundred and
fifteen District JUDGES holding their offices dur.
ing good behavior, and exercising Iurlsdic- !
ton i'm all cases in law and equity, arising
under the Constitution, Laws and Treaties of
the United States eXseht pTTTey tTe pG1icof az
Congress or the President; we nave q com,
plex system with It's manifold checks and
balances in which the wisdom OF our aIces.
tors sought to cmbody the best features of for
mcr systems, and to avoid their defects.
GOVERNMENTS, STATE AND FEDERAL, WITH
POWERS OF EXPANSION OR ADAPTATION.
We have govcrnn ents, State and Federal,
each moving i'm its appointed orbit, and vest.
ed respectively with stipulated and residual
powers, expanding and adapting themselves
10 the marvellous growth of our territory and
population with an elasticity Of adaptation, |
which daily verifes the truth Of Madison's
assertion, that "eNtent OF territory Is not dan
Of the Common Law. and all the munments
Of Anglo-Ameriran libcrty-those safeguards
of life. liberty and propcrty:-the dulce decus
81 rraesidiun, OF our national litc-Thich are
alike the mansprings and the bulwalks of
our advancing civilization. We nave above !
all, the instincts the habits and the discipline
of freemen-of men, "who know their rights
and knowing dare maintain'-the he wise con-
scrvatism of race, nOurished and strengthen |
ed by the native air Of independence, jealous
of encroachment, impatient OF wrong, ana
Antt Lt 1, .tp1,t hn hnr tnrrA
Of frcemcn.
THE End AND SCOPE OF GOVERNMENT.
That the proper end Of Government Is 10
promote The happiness of the governed, is no |
longer matter OF controversy, but q received
axiom in politics. Accordins TO nenntnaml' nam
and the true theory is 10 pursue 1.-The greatest
good to the greatest number; and our own
theory and practice teach that this Is best e!.
fected by government "of the people, for the
people, and 10y the people, As to the true
sphere and proper functions of government,
there has been much controversy. 1he non |
Interference theory has f1nnd rs 1S Str1nsest ad-
Ger, on the ground that State agency is less
effective than that Of individuals: and whilst
the first would give to the State the power 10
regulate education, the hours of labor and
kindred subjects, the latter would restrict the
sphere of government to the protection or
life, liberty and property.
LEGISLATION WITH US. STATE 1STERFEE.
EECE.
In our own country. the boundary of State |!
Federal legislation, are In large measure
clearly defined, but the limits to which State
intervention should properly go In the dcvel- |
oDmcnt of the industrial resources OF the
country, and the education and morals or tie
peOple is q question OF more difficult solution.
Works of great magnitude and OF public
character and of national concern, necessarily
invoke the agency of the general govern
ment-the national defcnccS, the regulation Of
Interstate commerce, the post Office, the mint
and perhaps the telegraph. whether prop
erly or not, State legislation has attempted to
foster and regulate almost every material. so
est In many cases 1t has gone too far, rcpress. |
Ing private enterprise and retarding social
and Industrial progress. The tendency seems
10 be OH the side of excessive State interlcr- |
cnce
WESTERN LEGISLATlON.
4 writer in the May number of the Conte,n-
D0r0,y Reric,U cites the State of Minnesota !
as an example of this tendency, and rs n fair
sample of Western legislation. Every mate |
rial and social interest. the grain tTaffic, tho
cattle business, insurance. pharmacy, fish and
game, Steam-boilcrs, toll for grinding, labor, |
ance charitable establishments, prohibition
and high license, all receive the attention Of
the Western law-giver. The subject is II wide |
QUE and we shall not attempt 10 discuss II In
its manifold bearings and complex relations. |
II would indeed in Itself furnish material for
an essay. But we may rest assured that there |
Is rather danger Of too much than too little |
legislation, and that Government best sub |
serves the ends OF its institution. which after